Sidley Environmental Trends

Topics discussed this week include:

  • D.C. Circuit upholds the EPA’s “regional consistency” regulations
  • Federal district court in Georgia enjoins implementation of WOTUS rule in 11 states
  • The EPA approves Oklahoma CCR disposal plan
  • CEQ issues ANPRM requesting comment on how to update NEPA’s implementing regulations
  • ATSDR issues draft toxicological profile asserting that PFAS compounds may endanger human health at low levels

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Sidley Environmental Trends

Topics discussed this week include:

  • EPA proposes to reject Delaware and Maryland 126(b) petitions
  • EPA declares intention to propose listing fluorochemicals as hazardous substances and to evaluate setting maximum contaminant levels
  • EPA proposes to keep existing sulfur oxide primary-health NAAQS
  • EPA solicits comment on regulatory cost/benefit decision-making process
  • EPA sued over alleged delays in implementing federal pesticide rules

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Sidley Environmental Trends

Topics discussed this week include:

  • FERC decision sets limits on how greenhouse gas emissions are to be reviewed.
  • EPA sued over hardrock mining financial responsibility rule decision.
  • OSHA to update hazard communication standard to reflect GHS changes.
  • EPA to finalize regulation on the use of paint-stripping chemical methylene chloride.
  • Court dismisses suit challenging constitutionality of the Congressional Review Act.
  • Court finds that one Prop 65 warning is enough in case against winemakers.

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Sidley Environmental Trends

Topics discussed this week include:

  • BLM appeals order blocking Waste Prevention Rule rescission.
  • Supreme Court rejects pipeline, other environmental petitions.
  • EPA proposes “secret science” rulemaking.
  • States sue to vacate midterm evaluation.
  • EPA issues six-month extension of time to respond to New York 126 Petition.

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Sidley Environmental Trends

Topics discussed this week include

  • EPA will streamline processes for issuing and implementing NAAQS
  • EPA guidance revives Significant Impact Levels for NSR permitting
  • IRS issues guidance on tax deductions for environmental settlement payments
  • White House announces One Federal Decision framework for NEPA process
  • EPA will not enforce 2015 restrictions on production and use of HFCs and will rewrite HFC regulations

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Sidley Environmental Trends

Topics discussed this week include:

  • EPA announces decision to revise GHG emission standards for light-duty vehicles.
  • NGOs sue EPA for ending “once-in, always-in” MACT policy.
  • EPA OECA Assistant Administrator issues memorandum requesting early notice of enforcement referrals to DOJ.
  • EPA Administrator retains the authority for headquarters to make certain jurisdictional determinations under Clean Water Act.
  • Coalition of states and cities sues EPA, alleging EPA must issue regulations governing methane emissions from existing oil and natural gas operations.

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Sidley Environmental Trends

Topics discussed this week include:

  • Administrator Pruitt releases new source review guidance memo, clarifying when emissions decreases are to be considered in the review process.
  • California federal judge orders remand to state court of climate-change-related state tort claims — creating split in district court.
  • Congress’s omnibus spending bill preserves the EPA budget and addresses other environmental issues such as pesticide funding and biomass emissions.
  • DC Circuit upholds Cross-State Air Pollution Rule as part of EPA’s regional haze rule.

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Sidley Environmental Trends

Topics discussed this week include:

  • U.S. Court of Appeals sides with industry on definition of solid waste rule.
  • Climate change nuisance suit to remain in federal court.
  • Mandamus denied in climate change litigation.
  • EPA proposes to allow aerosol can recycling.
  • EPA dismisses civil rights claim against coal ash landfill.
  • EPA finalizes selected changes to fugitive emission requirements for oil and natural gas sector.
  • Bisphenol A has minimal health effects, FDA says.
  • Court blocks Prop 65 labeling for glyphosate on free speech grounds.

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Sidley Environmental Trends

Topics discussed this week include:

  • Waters of the United States challenges proceed in district courts.
  • Court dismisses challenge to “two-for-one” executive order.
  • BLM proposes significant revisions to gas venting and flaring rule.
  • Court preliminarily enjoins BLM methane suspension rule.
  • EPA seeks comment on Clean Water Act discharges via groundwater.
  • Environmental groups challenge offshore general discharge permits.
  • EPA looks to settle renewable fuel standards suit.
  • Environmental groups challenge Louisiana regional haze plan.
  • Court ruled that EPA unlawfully extended deadline for formaldehyde rule.
  • White House legislative outline attempts to speed infrastructure construction.
  • Supreme Court denies certiorari for five environmental cases.
  • Colorado issues new rules for gathering lines.

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Sidley Environmental Trends

Topics discussed this week include:

  • DOJ and EPA issue guidance documents with implications for environmental enforcement.
  • EPA ends “once-in always-in” MACT policy.
  • EPA delays applicability of WOTUS rule, prompting lawsuits.
  • EPA issues proposed ROD Amendment for $236 million cleanup of West Lake Landfill Superfund Site.
  • EPA releases FY 2017 enforcement results.
  • Ninth Circuit holds that discharges through groundwater to waters of the United States are regulated under the Clean Water Act.
  • White House infrastructure plan proposes major changes to NEPA permitting process for projects.

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